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House | June 18, 2013 | Chamber | Session

Full MP3 Audio File

Speaker: The sergeant in arms will close the doors. The prayer will be offered by Representative Susan Fisher. Members and visitors of the gallery please stand and remain standing for the pledge of allegiance. Representative: Good afternoon. As a parting gift, before Representative Roth left this body, she handed over the book of prayers that were put together by Mary Lou Finlayer. I have borrowed from that book today. The Lord be with you, let us pray. Oh God of children and clowns, martyrs and bishops, saints and sinners, and all of us other folk who do not quite fit any of the above, thank you for this day, for this chance to love, hope and laugh. Thank you for friends who make a claim upon our hearts, for teachers who open our minds to new and wondrous thoughts, to musicians who help us sing along the way, to people who take stands rather than polls, for leaders who do something rather than talk about everything, for those who disturb our consciousness and nudge us from our comfortable positions, for those who attempt beauty rather than curse ugliness, and thank you for all those brave soldiers of peace everywhere so that others may have food and a safe resting place. Amen. [recitation of pledge of allegiance by congregation] Speaker: Representative Moore is recognized. Representative: Mr. Speaker, the journal for Monday, June 17, 2013, has been examined to be correct. I move it be approved as read. Speaker: Representative Moore moves that the journal for June 17th be approved as read. All in favor say aye [aye] All opposed say no. [ silence] The aye’s have it and the journal is approved as written. Petitions, memorials, papers addressed to the general assembly or house, ratifications of bills and resolutions, the clerk will read. Clerk: The enrolling clerk[xx] city bill 8, an act to increase the fine for the removal of unauthorized vehicles from lots; senate bill 25, an act armed forces or active military duty armed forces of the U.S., outside the state of NC, for purposes [xx] hunting, fishing, special activities licenses; senate bill 358, an act to authorize guaranteed protection waivers, to authorize in this state; senate bill 494, an act to authorize services discretionary condition of post release certain condition; house bill 223, an act to represent membership executive corporation grade resource planning election requirements; house bill 240, an act to expand the choice of health insurance in NC, health insurance companies may risk exposure requirements; house bill 248, an act for valid authorization indebtedness that taxes may be levied to pay; house bill 322, an act to allow commercial motor vehicles to waive the skill, retired members of the armed forces; house bill 332, an act to make corrections and other amendments to the notary of public act; house bill 333, an act to clarify sex offender statutes relating to arrests and registration; house bill 390, an act to make various changes to the laws relating to information technologies governments; house bill 433, an act to support the activities of armed forces and to maintain [xx] purposes in NC by regulating the height of buildings and structures located in and around military; house bill 459, an act that requires the department of health and human services to coordinate disease care; house bill 587, an act to require alternate act and planned precursor tests for certain procedures; house bill 664, an act to supplant the broadband and other enhanced wireless communications services; house bill 891, an act to allow the district attorney to condition the court to freeze the assets those definitively charged with financial exploitation of elderly adults, or disabled adult, and if all [xx] secretary of state; senate bill 12088, an act to charter the town of Carborough; house bill 533, an act to authorize police officers in certain counties use appropriate and reasonable force to respond [xx] sustain examination by a physician [xx] court order. Speaker: Chapter bills to be noted.

Introduction of bills and resolutions the Clerk will read [Speaker Changes] Rules, calendar, and operations of the House. House Resolution 1013, in honor of Willie Simpson. [Speaker Changes] Calendar rule 36B for the June the 19th. [Speaker Changes] Rules, calendar, and operations of the House. Resolution 1014, in honor of the founders of the town of Falcon. [Speaker Changes] Calendar rule 36B, June 19th. [Speaker Changes] Rules, calendar, and operations of the House. House bill 1015, Bessemer City annexation. [Speaker Changes] Finance. Special message for the Senate the Clerk will read. [Speaker Changes] Special message for the Senate, Mr. Speaker ?? message be sent to the House of Representatives with the information that the Senate fails to confer on the House Committee substitute for Senate bill 402, a bill to ?? an act to make base budget probations for current operation of state parks, institution H's or other purpose. Respectfully, Sarah Lang, Principal Clerk. [Speaker Changes] Noted. Messages from the Senate the clerk will read. [Speaker Changes] Senate committee substitute for House bill 562, a bill to ?? to enact to devise and consolidate the charge of ?? [Speaker Changes] Calendar ?? rule for 36B. [Speaker Changes] Senate Committee Substitute for House bill 743, a bill to ?untie? an enact to make technical, administrative and clarifying changes to the unemployment insurance laws. [Speaker Changes] Rules, Calendar, operations of the House. [Speaker Changes] House bill 937, a bill to ?? enact to increase penalties for certain crimes in which farms are used to display or ?? threat use or display a firearm. [Speaker Changes] Rules, Calendar, operations of the House. Ladies and gentlemen of the House, by motion of representative Stevens from Surry County, the Chair is happy to extend the courtesies of the gallery to the North Carolina chapter of the American Planning Association, Surry County Commissioners Buck Golden and Larry Phillips. Representative Stevens are they at the chamber? We can have you rise. Let's welcome those who are here before us. Welcome. [Applause.] Ladies and gentlemen, the House be at ease. Ladies and gentlemen of the House, for the most part we're going to follow the calendar and the order printed, but at the appropriate time we will take up House Resolution 50, which is honoring former member Don East. Without objection the Chair would like to move to the other House Resolution on the calendar for adoption today. That is House Resolution 861. Is there objection? House Resolution 861 the Clerk will read. [Speaker Changes] House Resolution 861, a House Resolution honoring the 2012 Great Places in North Carolina, the House resolves. [Speaker Changes] Representative Stevens, please state your purpose. [Speaker Changes] Speak on the resolution. [Speaker Changes] The lady is recognized to debate the resolution. [Speaker Changes] Thank you, Mr. Speaker. And the people the Speaker just recognized in the gallery are part of a group that has been honoring the great places to live in North Carolina. And the reason I filed the resolution is, one of the first places recognized, was my hometown of Mt. Airy, North Carolina. We received an award last year for one of the great places to live, and I can tell you that Mt. Airy is a wonderful place to live. I was born and raised in Mt. Airy, but I had my period of time living away, and so it was by choice that I went back and found it as a wonderful community of people and places and things to do. It's a place where you come, you feel at home. And I think that's part of the qualities of what they're looking at as they honor additional great places. This year––and it's terrible that I can't remember exactly who was honored this year, and so maybe some of the other members want to stand up and speak about their hometown being honored.

but I know that Pilot Mountain was also honored this year as well as Elkcam was honored for its main street. We have areas where people really want to be a part of a community and I ask your support of the resolution, [SPEAKER CHANGES] Further discussion, further debate. If not the question before the House is the adoption of House Resolution 861. All in favor vote aye, all opposed vote no. The clerk will open the vote. The clerk will lock the machine and record the vote. 110 having voted in the affirmative and none in the negative, House Resolution 861 has been adopted and will be ordered printed. Ladies and gentlemen of the House, by motion of the member from Mecklenburg County, Representative Bill Brawley, the Chair is happy to extend the courtesies of the gallery to a proud father, also the same Bill Brawley and Carol Brawley. Carol, please stand and let us welcome you. House Bill 817. The clerk will read. [SPEAKER CHANGES] Senate committee substitute number three for House Bill 817. The bill has been entitled An Act to Strengthen the Economy Through Strategic Transportation Investments. [SPEAKER CHANGES] Representative Brawley please state your purpose. [SPEAKER CHANGES] Thank you Mr. Speaker. To debate the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] This is the bill that we passed with 102 and sent to the Senate and I would concede they took the blocks out and played with them, but when they were through they put them back where they belonged. We do have this as a two day bill for some material change, but the material change related to technical corrections from Department of Transportation. The most significant of which was on the public/private partnerships where 817 original said the maximum length of a contract was 50 years from the date the contract was signed and it’s been changed so that it’s 50 years from the date that the project actually opens for toll operation so that would be slightly longer. It adds the construction time on the front end. Mr. Speaker, for a motion. [SPEAKER CHANGES] The gentleman is recognized for a motion. [SPEAKER CHANGES] Mr. Speaker I move that the house do now concur with the third committee substitute from the Senate for House Bill 817. [SPEAKER CHANGES] Further discussion, further debate. If not, the question before the House is the motion to concur in the Senate committee substitute number three for House Bill 817. All in favor vote aye, all opposed vote no. The clerk will open the vote. All members please record. Representative Michaux. Representative Tolson. The clerk will lock the machine and record the vote. 107 having voted in the affirmative and 6 in the negative, the House has concurred in the Senate committee substitute number three to House Bill 817, the bill remains on the calendar. House Bill 219. The clerk will read. [SPEAKER CHANGES] Senate committee substitute for House Bill 219, the bill’s been entitled An Act to Modernize the Ways Children Born Out of Wedlock are Referenced in the General Statutes by Removing References to Illegitimate When Used in Connection With an Individual and to Bastardy to Allow to Allow a Child Born Out of Wedlock to Inherit from a person Who Died Prior to or Within One year After the Birth of that Child If Paternity Can Be Established by DNA Testing and to Make Other Technical Corrections to the Statutes Being Amended. [SPEAKER CHANGES] Representative Davis, please state your purpose. [SPEAKER CHANGES] To speak on the bill. [SPEAKER CHANGES] The gentleman is recognized to debate the bill. [SPEAKER CHANGES] Thank you, Mr. Speaker. Ladies and gentlemen of the House. This is a hybrid bill that we are looking at in the fact that this House originally passed House Bill 219 that was sponsored by Representatives Glazier, Stam, Faircloth, and Michaux which dealt with changing the language concerning illegitimate in these statutes and using the reference to children born out of wedlock. In a separate bill introduced by Representative Stam and myself, House Bill 652, we passed the reference to children who were born out of wedlock being able to take...

from their father. Their father died within one year after their birth if paternity could be established by DNA testing. But each one of these bills got the appropriate Senate judiciary, the decision was made to take the language in 652 and put it in with 219. What you have before you no is a combination of those two bills and I make a motion that we concur with the Senate. [SPEAKER CHANGES] Further discussion, further debate on the motion. If not, the question before the House is the motion to concur in the Senate committee substitute of House Bill 219. All in favor vote aye, all opposed vote no. The clerk will open the vote. All members please record. The clerk will lock the machine and record the vote. 113 having voted in the affirmative and none in the negative, the House has concurred to the Senate committee substitute to House Bill 219. The bill will be enrolled and sent to the governor by special messenger. House Bill 331. The clerk will read. [SPEAKER CHANGES] Senate committee substitute for House Bill 331. The bill’s been entitled An Act to Stabilize Titles and to Provide a Uniform Procedure to Enforce Claims of Lien Securing Sums Due Codiminium and Planned Community Associations. [SPEAKER CHANGES] Representative Bryant, please state your purpose. [SPEAKER CHANGES] To make a motion and debate the motion. [SPEAKER CHANGES] The gentleman is recognized to make the motion and debate the motion. [SPEAKER CHANGES] Colleagues, I would move that we adopt the Senate committee substitute to House Bill 331. We passed this unanimously in the House. There were just a couple of technical changes in the effective date and some section numbering. I would ask for agreement in concurrence. [SPEAKER CHANGES] Further discussion, further debate. If not, the question before the House is concurrence in the Senate committee substitute to House Bill 331. All in favor vote aye, all opposed vote no. The clerk will open the vote. The clerk will lock the machine and record the vote. 113 having voted in the affirmative and 1 in the negative, the House has concurred in the Senate committee substitute for House Bill 331. The bill will be enrolled and sent to the governor by special messenger. House Bill 597. The clerk will read. [SPEAKER CHANGES] Senate committee substitute for House Bill 597. A bill entitled An Act to Approve and Official Shield for Bail Bondsmen. [SPEAKER CHANGES] Representative Malone, please state your purpose. [SPEAKER CHANGES] To make a motion to concur. [SPEAKER CHANGES] The gentleman is recognized for a motion and to debate the motion. [SPEAKER CHANGES] Thank you, Mr. Speaker. Ladies and gentlemen of the House, you might remember this back in April we passed this 114 to nothing. It went over to the Senate and they made one small change. They took the department of insurance out of this on the front end. When these bail bondsmen buy their shields, they’re going to buy it themselves instead of going to the department. It still has to be uniform, it still has to be legal. At the end, if there is any problems, the department of insurance can still revoke the license. Everything is still good. Other than that, everything is the same. [SPEAKER CHANGES] Further discussion, further debate. If not, the question before the House is the motion to concur in the Senate committee substitute for House Bill 597. All in favor vote aye, all opposed vote no. The clerk will open the vote. The clerk will lock the machine and record the vote. 111 having voted in the affirmative and 2 in the negative, the House has concurred in the Senate committee substitute for House Bill 597. The bill will be enrolled and sent to the governor. Representative Charles Graham. Does the gentleman wish to record on that last vote? [SPEAKER CHANGES] I do, thank you. [SPEAKER CHANGES] Vote aye? [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] The gentleman will be recorded as voting aye on House Bill 597. House Bill 641. The clerk will read. Representative Butterfield, please state your purpose. [SPEAKER CHANGES] Mr. Speaker, I think I’m locked out and I’d like to vote. [SPEAKER CHANGES] How would the lady like to be recorded on the last vote? [SPEAKER CHANGES] No. [SPEAKER CHANGES] The lady will be recorded as voting no and the machine is now unlocked. Representative Pierce, please state your purpose. [SPEAKER CHANGES] The clerk will read. [SPEAKER CHANGES] Senate committee substitute for House Bill 641. The bill has been entitled An Act to Provide that a Court Has the Discretion to Determine Whether to Grant a Conditional Discharge for First Offense of Certain Drug Offenses.

Representative Davis, please state your purpose? [speaker changes] To make a motion and speak on the motion. [speaker changes] The gentleman is recognized for a motion and to debate the motion. [speaker changes] Thank you, Mr. Chairman. I will make a motion that we concur with the senate. This bill after it passed the house did go to the senate judiciary when I presented it there was a modification which was technical in nature of substituting the words a conditional discharge in place of deferred prosecution. This was a suggestion made by staff and is the right thing to do. That is the only change that was made. It was done with my concurrence. It passed over there as well as out of the senate and I ask that you please support the motion to concur. [speaker change] Further discussion, further debate. If not the question before the house is the motion to concur the senate committee substitute of the house bill 641. All in favor vote aye, all opposed vote no. The clerk will open the vote. Clerk ?? machine will record the vote. 113 vote in the affirmative 1 in the negative. The house has concurred the senate committee substitute house bill 641. The bill will be enrolled and sent to the governor by special messenger. House bill 649, the clerk will read. [speaker changes] Senate committee subcu for house bill 649 ??? make technical changes to the small and ??? group health coverage reform act to mitigate the effects of the federal affordable care act on North Carolina small business and to increase stop loss insurance options for small employers. [speaker changes] Representative Brandon does the gentleman wish to recorded as voting aye on 641. [speaker changes] Yes, sir. [speaker changes] Gentlemen admits recording aye on house bill 649 concurrence vote. Representative Collins, please state your purpose. [speaker changes] To make a motion and debate the motion. [speaker changes] The gentleman is recognized to make a motion and debate the motion. [speaker changes] I'm going to make a motion not to concur on the senate version of house bill 649. I started the morning today thinking we had a small technical problem. I found out it's actually more than that. There's one issue here, it's on page 3 lines 34 and 35. Under the 3 provisions, or 4 provisions rather, for which small employer plans can be rated. Letter d is the one in question. This passed out of the house saying tobacco use except at the rates should not be more than 1 and a half times. This bill now says 1 and 1 fifteenth, but that's a technical mistake by the person who drafted this. It actually is supposed to read, according to what the senate wanted to pass back to us, 1.15 times, in other words a 15% rate of. I'm told by the actuarial people in the health insurance business for that number to be actuarially sound that that number needs to be a lot closer to 1.3 than 1.15. So I'm suggesting that we not cancer and send this to conference and hopefully we will have a very short conference and straighten out this one issue. This was done by the way as I understand on the senate floor as an amendment without discussion. There was no rhyme or reason or soundness to the reason that this 1.15 got stuck in. It just got stuck in because a senator wanted that number stuck in. So I suggest that we not concur. Thank You. [speaker changes] Representative Davis, please state your purpose. [speaker changes] ?? [speaker changes]Further discussion further debate on the motion. If not the question before the house is the motion to not concur the senate committee substitute for house bill 649. All in favor vote aye, all opposed vote no. The clerk will open the vote. The clerk will ?? machine record the vote. 115 have voted in the affirmative and none in the negative the house does not concur the senate committee substitute for house bill 649. Conferees will be Collins, chair, Stone, Moffitt, Ross and Brisson. Ladies and Gentleman of the house the chair would like to extend a welcome and thank you to the nurse of the day and the EMT of the day. The nurse of the day is Gale Lane,M.S.N, R.N., B.C. from Roanoke Rapids. The EMT of the day is Al Lane, somehow I think he may be related, also from Roanoke Rapids. Welcome and thank you for serving us today.

House bill 493 the clerk will read. [Speaker Change] House bill 493 a bill to entitle an act to authorize the county Robbinsville with ?? syntax. ?? in North Carolina enacts. [Speaker Change] Representative West, please state your purpose. [Speaker Change] To debate the bill Mr. President. [Speaker Change] The gentleman is recognized to debate the bill. [Speaker Change] Thank you Mr. Speaker, members of the house I appreciate your vote yesterday, and I ask for your support today. Thank you. [Speaker Change] Further discussion, further debate? If not the question for the house is to passage of house bill 493 on its third reading. All in favor vote aye, all opposed vote no. The clerk will open the vote. The clerk will lock the machine and record the vote. 89 having voted affirmative, 25 in the negative. House bill 493 has passed its 3rd reading, and will be sent to the Senate. Senate bill 111 the clerk will read. [Speaker Change] Committee sub to for senate bill 111 a bill to entitled an act to allow the city of Clinton to use the design build method of construction. ?? in North Carolina enacts. [Speaker Change] Representative Larryville please state your purpose. [Speaker Change] To debate the bill. [Speaker Change] The gentleman’s recognized to debate the bill. [Speaker Change] Thank you Mr. Speaker, and members of the house. This is a bill that we passed in ?? unanimously a few weeks ago. And this is a companion bill by Senator Jackson of the same thing. So I appreciate your vote on this. [Speaker Change] Further discussion, further debate? If not the question before the house is the passage of the senate committee substitute to send the bill 111 on its second reading. All in favor say aye. [Speaker Change] Aye. (Group) [Speaker Change] All opposed say no. The ayes have it, senate bill 111 has passed its second reading without objection. Will be read a third time. [Speaker Change] ?? North Carolina enacts. [Speaker Change] Representative Farmer-Butterfield, please state your purpose. [Speaker Change] Mr. Chair I would like to be recorded as voting yes on 597. [Speaker Change] The lady would be recorded as having voted yes on house bill 597. [Speaker Change] Further discussion, further debate? If not the question before the house is the passage of the senate committee substitute to send the bill 111 on its third reading. All in favor say aye. [Speaker Change] Aye. (Group) [Speaker Change] All opposed say no. The aye's have it. The senate committee substitute to send the bill 111 has passed its third reading the bill will be enrolled. Senate bill 264, the clerk will read. [Speaker Change] Committee substitute for senate bill 264 bill entitled an act to strengthen the nuisance laws, close down businesses, repeatedly self-controlled substances, and to create a rebuttable presumption on pre-trial release for pre-trial offenders who sell drugs at a place of business. ?? of North Carolina enacts. [Speaker Change] Representative Stephens, please state your purpose. [Speaker Change] To speak on the bill. [Speaker Change] The lady's recognized to debate the bill. [Speaker Change] I'm gonna try the Roger West approach. We had a good vote on this bill yesterday, and I'm gonna ask for your support again. [Speaker Change] Representative Bill Brawley, please state your purpose. [Speaker Change] To send forth an amendment. [Speaker Change] The gentleman's recognized to send forth an amendment, the clerk will read. [Speaker Change] Representative W. Brawley moves to commend the bill on page 1, lines 33 and 34 by inserting between those lines. [Speaker Change] The gentleman's recognized to debate the amendment. [Speaker Change] Thank you Mr. Speaker, this essentially addresses the issue raised yesterday. If a tenant is causing the nuisance the owner is notified of the tenant’s problem and the owner works with police to abate the nuisance. The owner will be held harmless from civil action. I ask your support of the amendment. [Speaker Change] Further discussion, further debate on the amendment? If not the question before the house is the passage of the amendment sent forth by Representative Bill Brawley for the senate committee substitute of senate bill 264. All in favor vote aye, all opposed vote no. The clerk will open the vote. Clerk will lock the machine, record the vote. 113 having voted in the affirmative, and 2 in the negative. The amendment passes, we're now back on the bill as amended. Representative Stam please state your purpose. [Speaker Change] To offer an amendment. [Speaker Change] The gentleman’s recognized to send forth an amendment. The clerk will read. [Speaker Change] Representative Stam moves to amend the bill on page 1, lines 3 through 5 by rewriting those lines to read. [Speaker Change] The gentleman’s recognized to debate the amendment. [Speaker Change] Mr. Speaker, members of the house. Yesterday was the time that, actually my mind changed. And I decided that the presumption

This bill really wasn’t necessary or advisable. We have some places where there is a rebuttal for presumption and that’s because the person might flee. In some proposed legislation--we have one involving immigrants--because they might flee but, of all the people who wouldn’t flee, I guess it’d be the people who own the house that you’re going to abate. It seems to me the rebuttable presumption here is counterfactual; that is, it really is not a case where we should say that there’s presumed to be no reasonable grounds for granting bail other than Section 7, so I urge the adoption of the amendment. [SPEAKER CHANGES] Further discussion, further debate, on the amendment. If not, the question before the House is the passage of the amendment sent forth by Representative Stam for the Senate Committee substitute of Senate Bill 264. All in favor vote aye, all opposed vote no. The clerk will open the vote. The clerk will let the machine record the vote, 115 having voted affirmative, none in the negative. The amendment passes. We’re now back on the bill as amended. Ladies and gentlemen, the amendment offered by Representative Stam changes the title; therefore, we cannot take third reading today. We can either, if there’s anyone wishing to debate it today, let’s just go ahead and do it since we need to burn up a little bit of time. Otherwise, let’s have a nice quiet vote tomorrow. This brings us to the end of the calendar. We understand that House Resolution 50 is currently being taken up in the Senate. We would expect to receive that shortly by special message. We do expect family of Senator East to be in the chambers. If the House will be at ease for a moment, we’ll try to give you an update.

Members, just as an update, the Chair understands that the Senate is currently taking up the resolution on Senator East as we speak, so we would expect to be able to take that up momentarily. The Chair would expect some discussion and debate. We’re going to take care of some matters, but we would not expect taking up the resolution for about another ten minutes. Representative Moore, please state your purpose. [SPEAKER CHANGES] Series of re-referrals. [SPEAKER CHANGES] The gentleman is recognized. [SPEAKER CHANGES] Mr. Speaker. Senate bill 336, Collaboration among State Entities, is presently in the Committee on Appropriations. I move that it be removed from the Committee on Appropriations and calendared pursuant to rule 36b for tomorrow. [SPEAKER CHANGES] Without objection so ordered. [SPEAKER CHANGES] Let’s see… House Bill 329 is… Mr. Speaker, House Bill 329, which is the 2013 Budget Act… Strike that. Mr. Speaker, House bill 60, Transfer of Indian Cultural Center, was removed from yesterday’s calendar for next Monday. After consultation with the Appropriations chairs, I believe that bill is ready to go and we could actually take that bill up today. It’s a concurrence vote on the Senate changes as to House Bill 60 if the Speaker wishes. [SPEAKER CHANGES] Members again, if you’ll listen to Representative Moore and the Chair. Just to make use of our time, unless there’s objection, Representative Moore is moving that we took a bill that was for concurrence – we were re-calendaring it – to go ahead and take it on the calendar for immediate consideration. It’s got the Indian Cultural Center. Is there objection? If not, so ordered. [SPEAKER CHANGES] Two more. House Bill 329, which is the State Budget Act, that bill needs to be removed from Government and then referred to… just sent on over to Appropriations. It also has a serial referral to Finance. [SPEAKER CHANGES] Without objection so ordered. [SPEAKER CHANGES] And Senate bill 315, Municipal Services, that bill will be removed from the Committee on Finance and referred to the Committee on Rules. [SPEAKER CHANGES] Without objection so ordered. Representative Daughtry, please state your purpose. [SPEAKER CHANGES] Thank you, Mr. Speaker. To make an announcement. [SPEAKER CHANGES] The gentleman is recognized for an announcement. [SPEAKER CHANGES] Tomorrow at 10 o’clock, there’s a scheduled Judiciary, full Judiciary meeting regarding House Bill 809. This is Representative Boles’ bill and he will not be here tomorrow. He is at home with the arrangements of Governor Holshouser, so the full Judiciary meeting will be cancelled tomorrow, and I assume because of that, Judiciary B committee will meet at 10 o’clock rather than 12. [SPEAKER CHANGES] Representative Moore, please state your purpose. [SPEAKER CHANGES] Additional re-referral, Mr. Speaker. [SPEAKER CHANGES] The gentleman is recognized. [SPEAKER CHANGES] Mr. Speaker, Senate Bill 353, Motorcycle Act, I move that be removed from the Committee on Rules, referred to the Committee on Transportation. [SPEAKER CHANGES] Without objection so ordered. Representatives Langdon and Dixon are recognized to send forth a committee report. The Clerk will read. [SPEAKER CHANGES] Representatives Langdon and Dixon for the Agricultural Committee. Senate Bill 639, Board of Agriculture Modifications, favorable. [SPEAKER CHANGES] Calendar. Ladies and gentlemen of the House, by motion of Representative Mike Stone from Lee County, the Chair is happy to extend the courtesies of the gallery to Vice Chair of the Lee County Commission, Kurt Smith. Kurt, please stand and let us welcome you. Calendar, House Bill 60. The Clerk will read. [SPEAKER CHANGES] Senate Committee substitute for House Bill 60, a bill to be entitled ‘An Act to Terminate Leases at Indian Cultural Center Site and Sell or Allocate Certain Portions of the Property as Recommended by the Joint Legislative Program Evaluation Oversight Committee’. General Assembly of North Carolina enacts. [SPEAKER CHANGES] Representative Howard, please state your purpose. [SPEAKER CHANGES] To make a motion

On House Bill 60. [SPEAKER CHANGES]The lady is recognized for motion, and to debate the motion. [SPEAKER CHANGES]Mr. Speaker, I move that we do concur with the changes that were made over in the Senate, and that we give this bill favorable report. [SPEAKER CHANGES]Representative Charles Graham, please state your purpose. [SPEAKER CHANGES]For a question. [SPEAKER CHANGES]Does the gentleman wish to direct the question to the Chair, or to the member. [SPEAKER CHANGES]Yes, Representative Howard. [SPEAKER CHANGES]Representative Howard, does the lady yield? [SPEAKER CHANGES]Yes. [SPEAKER CHANGES]The lady yields. [SPEAKER CHANGES]Thank you Mr. Chair, Representative Howard. This bill is the same as it was when it left here, is that correct? [SPEAKER CHANGES]It's better than when it was when it left here. [SPEAKER CHANGES]Thank you mam. [SPEAKER CHANGES]You're welcome. [SPEAKER CHANGES]A rare occurrence. Further discussion, further debate? If not, the question of the House is the motion to concur on the Senate Committee substitute for House Bill 60. All in favor vote aye, all opposed vote no. The clerk will open the vote. The clerk lot machine will record the vote. 113 having voted in the affirmative, none in the negative, the House has concurred in the Senate Committee substitute to House Bill 60. The bill will be enrolled and sent to the Governor, by special messenger. Ladies and gentlemen, just for the interest of using our time as we wait for the time to take up House Resolution 50, we just read in a committee report from the Agriculture Committee, Senate Bill 639, the clerk is bringing it back, it will be on the dashboard momentarily. Without objection, we'd like to have it for immediate consideration on today's calendar. Is there objection? [SPEAKER CHANGES]Mr. Speaker? [SPEAKER CHANGES]Representative Stam, please state your purpose. [SPEAKER CHANGES]Well, what's the short title of that? [SPEAKER CHANGES]The Board of Agriculture modifications. [SPEAKER CHANGES]Thank you. [SPEAKER CHANGES]Senate Bill 639, the clerk will read. [SPEAKER CHANGES]Senate Bill 639, a bill to entitle and act to clarify the authority of the Board of Agriculture over plants. General Assembly of North Carolina in acts. [SPEAKER CHANGES]Representative Langdon, please state your purpose. [SPEAKER CHANGES]To speak on the bill. [SPEAKER CHANGES]The gentleman is recognized to speak on the bill. [SPEAKER CHANGES]Folks, this is exactly the same bill that the House passed, and sent over to the Senate, and so it is giving the Department of Ag. authority over plants in North Carolina, and I would appreciate your support. [SPEAKER CHANGES]Further discussion, further debate? If not, the question before the House is the passage of Senate Bill 639 on its 2nd reading. All in favor vote aye, all opposed vote no. The clerk will open the vote. The clerk lot machine will record the vote. 109 having voted in the affirmative, and 5 in the negative, Senate Bill 639 has passed its 2nd reading, and without objection will be read a 3rd time. [SPEAKER CHANGES]General Assembly of North Carolina in acts. [SPEAKER CHANGES]Further discussion, further debate? If not, the question before the House is the passage of Senate Bill 639 on its 3rd reading. All in favor say aye. [SPEAKER CHANGES]Aye. [SPEAKER CHANGES]All opposed say no. [SPEAKER CHANGES]No. [SPEAKER CHANGES]The ayes have it. Senate Bill 639 has passed its 3rd reading, the bill will be enrolled and sent to the Governor by special messenger. The House will be at ease.

Ladies and gentlemen, without objection, Rule 12B is suspended. Is there objection? So ordered. Special message from the Senate. The clerk will read. [SPEAKER CHANGES] Senate Joint Resolution 7. A joint resolution honoring the life and memory of Don W. East, former member of the general assembly. [SPEAKER CHANGES] The clerk will read the bill in its entirety--the resolution. [SPEAKER CHANGES] A joint resolution on the life and memory of Don W. East, former member of the general assembly. [SPEAKER CHANGES] The Chair apologizes. First the clerk will read it in, then read it. [SPEAKER CHANGES] Senate Joint Resolution 7. A joint resolution honoring the life and memory of Don W. East, former member of the general assembly. The Senate resolves, the House concurring. [SPEAKER CHANGES] Now the clerk will read the

. . .the resolution in its entirety. [SPEAKER CHANGES] Whereas, Don W. East was born in Pilot Mountain, North Carolina, on December 26, 1944, to Ralph and Viola Hall East; and Whereas, Don W. East graduated from East Surry High School in 1962 and furthered his education by taking classes at Forsyth Technical College; and Whereas, Don W. East retired from the Winston-Salem Police Department in 1984 after 20 years of service and owned a small farm; and Whereas, Don W. East began his political career as a member of the Surry County Board of Commissioners from 1984 to 1992; and Whereas, Don W. East served seven terms in the North Carolina General Assembly as a member of the Senate from 1995 to 2000 and from 2005 to 2012; and Whereas, during his tenure, Senator East made significant contributions as a member of numerous committees, serving as co-chair of Agriculture/Environment/Natural Resources and Appropriations on Natural and Economic Resources and as a member of Appropriations on Justice and Public Safety, Appropriations/Base Budget, Insurance, Judiciary II, Program Evaluation, State and Local Government, and Transportation; and Whereas, Don W. East's community involvement included membership in the Ararat Long Hill Ruritan Club; and Whereas, Don W. East died on October 22, 2012, at the age of 67; and Whereas, Don W. East was married to the late Connie Needham East and is survived by his daughter Gina Southern and son-in-law Mickey Southern; two grandsons, Matthew Southern and Jacob Southern; one brother, R.J. East; and two sisters, Rachel Taylor and Shelby Tucker; Now, therefore, be it resolved by the Senate, the House of Representatives concurring: Section 1: The General Assembly honors the memory of Senator Don W. East and expresses appreciation for his life and service to the people of his community and this State. Section 2: The General Assembly extends its heartfelt sympathy to the family of Don W. East for the loss of a beloved family member. Section 3: The Secretary of State shall transmit a certified copy of this resolution to the family of Don W. East. Section 4: This resolution is effective upon ratification. [SPEAKER CHANGES] Representative Holloway, please state your purpose. [SPEAKER CHANGES] To speak on the resolution. [SPEAKER CHANGES] The gentleman is recognized to debate the resolution. [SPEAKER CHANGES] Thank you, Mr. Speaker. Senator East was a memorable person. Once you met him, I can assure you, you’d never forget him. He was just an all-around good guy. And he was a good guy who wore many, many hats. And I want to go over just a few of the hats that he wore. First, he was a husband. And he was a husband to his dear wife Connie who had passed a few years before he did. He was a father to his lovely daughter Gina, and he was so proud of her and he loved her so much. He was a grandfather to his grandsons, Matthew and Jacob. And oh, how proud of those two grandsons was he. He was a father-in-law to his, I’m sure he thought of him as a son, Mickey Southern. And all he, so many times he would reference him and if you had a law-enforcement question, he would send you to Mickey. He wore the hat of public servant and in that one it was in three different capacities. He began his career as a Winston Salem Police Officer and he retired from Winston Salem. And he worked with my father-in-law and mother-in-law there who knew him quite well. He was a country commissioner in Surry County. And he was a state senator, the capacity which most of us know him. But the hat that he wore that was most important to me, was he was my friend. Senator East just loved life. Never have I ever seen a human being who loved life more than he. He loved his motor home – which he may have been banned from coming into my neighborhood with it for knocking over several mailboxes but uh, we’ll let that story slide on. But he loved the motor home and he had a big picture of Pilot Mountain painted on the back and he was so proud of where he was from. He loved his motorcycles. Oh, how did he love them. And I remember when he bought his first motorcycle and he was getting back into riding. And I don’t know much about them but. . .

you had a little platform where you put both of your feet on the front, and I gave him such a hard time about that bike and told him it was a scooter, and that wasn't a motorcycle, and a few weeks later I heard the all so familiar sound of a Harley-Davidson out in my driveway, and it was Sen. East on his new Harley-Davidson and man, did he love his motorcycles. He loved spending time at the beach, he loved his family. Again, he was just an all around good person to be around. He was so fun to talk to, he had so many stories I couldn't even begin to recount and to tell you all the stories that the man had told me. He always had a funny joke, he always had an encouraging word to say to you. In short, I'll just say Sen. East, we miss you. And over this past weekend, my father and I were taking just a moment and recollecting some of our memories about Sen. East, and I think it sums it up best with what my dad said. He said, "Son, they just don't make 'em like that anymore." I commend the resolution to you. [SPEAKER CHANGES] Rep. Blust, please state your purpose. [SPEAKER CHANGES] Speak on the resolution. [SPEAKER CHANGES] The gentleman is recognized to debate the resolution. [SPEAKER CHANGES] Thank you Mr. Speaker and members of the House. I can't second enough what Rep. Holloway just said in very good style. I had the pleasure and the good fortune to get to serve with Don East in the Senate, and it's as Rep. Holloway said, it was a- even what we do down here is serious, it was a rip-roaring good time to get to serve with Sen. East. And he didn't change to the very end, he was the same when he came back to his second stint. And in the Senate, one of the big differences is because of fewer numbers, you don't have to be at your station to vote. The people hanging out in the back when the Lt. Governor calls the vote and starts raising their hand, they'll say "So and so, yes, Sen. So and so yes, Sen. So and so no," so Sen. East hung out in the back a lot. Back in the 90s you could still smoke in the chambers and there'd be a little smoking group back there, so if you got too tired, you could wander back in the back with Sen. East and some of the others and have a pretty good time while we were legislating. He did have a little bit of trouble with names, because to the end, would always call me Sen. Blush. But he had a little pet name, he had a way, he was always kind of picking at you good natured, but it was always a pleasure to see him. One thing I've missed this session a lot, is sometimes in a mad rush to get over to the LOB, you go through and a lot of times there'd be Sen. East out there smoking a cigarette, a lot of times with Linda Johnson, and I'd always have to stop and be a little bit later to committee to hear the latest stories and discuss things. The last time I saw him was, he did have a heart for the less fortunate, the last time I saw him was at a fundraiser for Rep. Holloway. So even to the end, he was lending a helpful hand. Just a great guy, great sense of humor, probably as good as anybody other than maybe Rep. Roger West, and it was a great treat in the last couple years because Roger West started hanging out with Sen. East, and those are some of the best dinners I've gone to, and it was- I can't even tell you all the jokes. But it was always a good time, he made it fun to serve in the General Assembly, and I think we all know that if you don't keep a good sense of humor and laughing, this place might get to you and he was one of the great people for keeping morale high. So he was a great friend, great Senator, and I am glad I got to serve with him, and I commend the resolution to you. [SPEAKER CHANGES] Rep. Stevens, please state your purpose. [SPEAKER CHANGES] To speak on the resolution. [SPEAKER CHANGES] The lady is recognized to debate the resolution. [SPEAKER CHANGES] Thank you Mr. Speaker. Members of the House, and friends in the gallery, what I want to tell you is my first experience with Sen. East was when I came down as a Representative. And one of the first tasks I was asked to do by the county and various issues was to equalize the occupancy tax throughout the entire county. For those of you who know Sen. East, he would never vote yes for a tax of any kind. So imagine my delight at getting him to present a bill over in the Senate, and over in Senate committees, that he was going to vote no on! But he did it for me and said, "I'm going to vote no, but Rep. Stevens has brought this over here, so here it is." And he was very helpful in that way. But the one big thing about Sen. East was he did not consider himself a politician. It was not about him to be here, his greatest joy came

From helping the little man. Joe Average he always said I'm just a farmer who gets a chance to go to Raleigh and help people. Whether it was the palomino cheese sandwich debacle, whether it was the little store that wanted to continue to serve bologna. Whether it was somebody who was having problem with the way that the state had done a ditch. His greatest pride was being able to help the average citizen. So I commend the resolution to you with great pride. [Speaker Change] Representative Elmer please state your purpose. [Speaker Change] To speak to the resolution. [Speaker Change] The gentleman's recognized to debate the resolution. [Speaker Change] We were very excited in Wilts when our senatorial district changed from the 45th to the 30th because we would get to have the honor to be served by Senator East. And I got to know Senator East through the campaign trail as he was going around campaigning in this new county for him. But he fit in to Wilkes perfectly. Because as Sarah just said, he always opened up and said I’m just a simple farmer from Pilot Mountain, and I need your help to get elected. And that fits in really well to our area. And I was in Republican headquarters speaking and all of a sudden I see this pick-up truck fly into the parking lot, and back up as quick as it can. And it came about 2 feet from the door of the Republican headquarters there at the big windows. And it was Don. And he jumps out of his truck and he's in blue jeans, and a flannel shirt. And he bust into Republican headquarters. And just then I'd finished speaking and sat down. He said boys I've got about 350 signs I need you to put up, we need to get started. And that was typical Don East. He was just a pleasure to get to know him in the time that I got to know him, and he served his area wonderfully in his time down here. And I commend the resolution to you. [Speaker Change] Representative Wilkins please state your purpose. [Speaker Change] Speak to the resolution. [Speaker Change] The gentleman is recognized to debate the resolution. [Speaker Change] Thank you Mr. Speaker. I came into the House of Representatives in 2005. I called that the good old days of lobbying. I got here at a time when lobbyists could do certain things that they, they cannot do now. One of the things that they always did was to somehow promote charitable causes. And one of the lobbyist asked me to be on his company's team in the NC Beautiful golf tournament, at the Southern Pines. Well I was excited to accept and they were four man teams, and Don East was one of my team. Now a couple of years later you know that we revamped all of that ?? stuff, and we did it rightfully. But I know that Don East and I would never have gotten the opportunity to be as close as we were, had it not been for that one little 2 day golf tournament. And I'm a tell you he was a pretty good golfer, he was immensely strong but he was also immensely human, immensely fun, and I miss him, and I commend the resolution. [Speaker Change] Further discussion, further debate? If not the question before the house is to pass the ?? joint, senate joint resolution 7 on its second reading. All in favor vote aye, all opposed vote no. The clerk will open the vote. All members please record. The clerk will lock the machine, record the vote. 114 having voted affirmative, and none in the negative. The house has passed senate joint resolution 7, on its second reading and without object. Will be read a third time. [Speaker Change] Senate resolves the house concurring. [Speaker Change] Further discussion, further debate? If not the question before the house is to pass ?? joint resolution 7 on its third reading. All in favor say aye. [Speaker Change] Aye. (Group) [Speaker Change] All opposed say no. The aye's have it. Senate joint resolution 7 has passed its third reading and will be enrolled. Ladies and gentleman of the house, the chair wishes to extend or the, the chambers deep condolences and thoughts, and prayers to members of Senator East's family and friends. Daughter Gina Southern, son-in-law Mickey Southern. Senator East's two grandsons Jacob and Matthew.

Surry County, Graham Atkinson and Commissioners Buck Golding and Larry Phillips, please stand and let us welcome you. [SPEAKER CHANGES] Representative Moore, please state your purpose. [SPEAKER CHANGES] Motion for pertaining to today's calendar. [SPEAKER CHANGES] The gentleman is recognized. [SPEAKER CHANGES] Mister Speaker, House resolution 50, which is on the calendar, move that that Bill be removed from the calendar and referred to the committee of rules. We just adopted the Senate joint resolution therefore that bill as a House resolution to simply go back to the rules. [SPEAKER CHANGES] Without objection? So ordered. Representative Howard please state your purpose. [SPEAKER CHANGES] To make a motion, Mister Speaker. [SPEAKER CHANGES] The Lady is recognized for a motion. [SPEAKER CHANGES] Mister Speaker, just a few minutes ago...a bill was...a motion was made to pull a bill out of the finance committee and that bill be sent back to rules. I would like to move that the bill be returned to the finance committee where the committee has already taken action with respect to a public hearing that is scheduled for 4pm on Monday afternoon. I would ask that the body vote to return that bill to the finance committee. [SPEAKER CHANGES] Without objection? Objection having been raised. The motion, Ladies and Gentlemen, by ? of the House that with or without objection, the motion would have just carried but because the motion has been objected to this will require a vote to cause the re-referral to occur. Representative Moore, please state your purpose. [SPEAKER CHANGES] To debate the motion. [SPEAKER CHANGES] The gentleman is recognized to debate the motion. [SPEAKER CHANGES] Mister Speaker, Members, this bill was removed from the committee on finance and sent back to the committee on rules for it to sit there for a while. I would remind the Lady that the finance committee has not taken action on this bill. The finance chair told me told me, after we had already referred it, that she is scheduling a public hearing for next Monday. There's been no notice sent out. This is the normal course of re-referrals on bills and I moved that the bill be sent back to the rules committee. It was done and now there's an action to bring it back to the finance committee. Members were asked that while the process to work is for the bill to remain in the rules committee. [SPEAKER CHANGES] Representative Howard, please state your purpose. [SPEAKER CHANGES] To debate that motion. [SPEAKER CHANGES] The Lady is recognized to debate the motion. [SPEAKER CHANGES] Mister Speaker, this issue is dealing with the city of Durham and this isn't the first time that this issue has been before this house. The issue was defeated last session. It's back again. If you've ever heard of upside down annexation, this is the poster child. This is a development or developer that is wanting to force the town of Durham to provide utilities. I have spoken with the bill's sponsor... [SPEAKER CHANGES] Mister Speaker I ask to point an order. [SPEAKER CHANGES] The Gentleman may state his point. [SPEAKER CHANGES] Mister Speaker, it appears that the Lady is wanting to debate the bill, which would not proper. The motion today is simply whether the bill should go through a committee and I would point out that the rules committee would not be taking any final action on this bill anyway. The bill's going to sit there. [SPEAKER CHANGES] The Gentleman's point is well taken. If the General Lady will confine her comments to the motion before us. [SPEAKER CHANGES] I certainly will try. [SPEAKER CHANGES] This is the third time that the Rules chairman has taken the bill out of finance and sent it back to rules. The finance committee chairs met this morning after receiving a letter requesting a public hearing from a member of that committee asking for a public hearing. We did take action. Those notices will go out. That public hearing is being scheduled right now for 4 o'clock on Monday...

? afternoon. I just ask you go through the proper process. I didn't move the bill back to Rules when three people on the floor. But the Rules chairman did. I can't tell you what's wrong with this bill, but if it smells funny, it's funny. So I ask you to vote with the process staying in place and that the bill go back to the Finance committee. I have spoken to the bill's sponsor, and that is his wishes. [SPEAKER CHANGES] Rep. Stam, please state your purpose. [SPEAKER CHANGES] To speak on the motion. [SPEAKER CHANGES] The gentleman is recognized to debate the motion. [SPEAKER CHANGES] Mr. Speaker, I'm gonna vote no on the motion. Rep. Blackwell and I had a bill that had really no Finance implications to it all. It's shared by research staff, and yet it was sent to Finance about two months ago and has not yet been calendared. You may remember that on the floor. I'm voting no. [SPEAKER CHANGES] Rep. Michaux, please state your purpose. [SPEAKER CHANGES] To speak on the motion. [SPEAKER CHANGES] The gentleman is recognized to debate the motion. [SPEAKER CHANGES] Mr. Speaker, and this is a matter, as Rep. Howard indicated, that affects Durham, and it's been in here, and it's been here for any number of times. It's been held up in Rules because there are some things that are happening that we -- but since you won't let me talk about the bill -- This bill has been jockeyed back and forth between the chairman of the Rules committee and others who are trying to stop something or trying to do something in Durham that Durham really doesn't want to do. Now the bill went back to Finance, and there was request for a public hearing to allow the citizens of Durham to come in and be heard on that bill, and that's what has happened. Now that was done this morning, and now we get the bill sent back to Rules for what reason? It just doesn't make any sense at all because the citizens of Durham would like to have a public hearing on it and to try to do something with this issue that's before them once and forever. And I would hope that you would vote with the motion made by the chair of the Finance committee. [SPEAKER CHANGES] Rep. Robert Brawley, please state your purpose. [SPEAKER CHANGES] To speak on the motion. [SPEAKER CHANGES] The gentleman is recognized to debate the motion. [SPEAKER CHANGES] I would like to concur with what the Rules Chairman has said. I do stop by and check, I mean the chair of the Finance committee, I do check with the chair of the Finance committee each morning to see what's scheduled, and this morning when I stopped by, she did tell me that there would be a public hearing on this. It had been scheduled. We would have it next Monday, and around 11:00 today, I had some citizens from the City of Durham to stop by to confirm they were looking forward to being at the public hearing on Monday. So there has been action taken, and we need to follow through with we have planned in our group. And I urge you to send 315 back to the Finance committee. [SPEAKER CHANGES] Rep. Moore, please state your purpose. SPEAKER CHANGES] To debate on the motion if I might. [SPEAKER CHANGES] The gentleman is recognized to debate the motion a second time. [SPEAKER CHANGES] Mr. Speaker, in all due respect to my seat mate, and Rep. Howard pointed that there has not been any action taken by the committee. If the chairs have decided to send out a public notice, that's fine. But I don't believe, unless -- There's been no public notice read in. There's no notice advised of that. There's been no action, Members. And if this is a normal course, I don't understand the objection of the Finance chair to the bill going back -- [SPEAKER CHANGES] Mr. Speaker -- [speaker changes] -- a lot of times when bills -- [SPEAKER CHANGES] Rep. Michaux, please state your purpose. [SPEAKER CHANGES] Would the gentleman yield for a question? [SPEAKER CHANGES] I will. [SPEAKER CHANGES] ? note. The gentleman yields. [SPEAKER CHANGES] Why do you insist on this bill not getting a fair hearing where it's supposed to be, Mr. Chairman? [SPEAKER CHANGES] Well, I don't take that position at all, Rep. Michaux, and Rep. Hall's in the Chamber. He and I have had a lot of conversations over the last couple weeks, and I think he would agree we've had very good dialogue in discussing this bill. He's nodding affirmatively. And this is Sen. McKissick's bill Sen. McKissick has spoken to me about it. I've dealt with Rep. Hall on it. It's -- this bill is simply the only thing before us today -- If you want to defeat the bill or never hear it, that's fine, Rep. Michaux. The only thing today is whether the bill gets sent back to the Finance Committee or whether it's sent to the Rules committee. And I -- [SPEAKER CHANGES] Mr. Speaker, may I ask another question? [SPEAKER CHANGES] Does the gentleman yield? [SPEAKER CHANGES] I do. [SPEAKER CHANGES] The gentleman yields. [SPEAKER CHANGES] You've already said this is gonna sit in committee. You've already made that statement, that it's just gonna sit there. If you and I both want some action on the bill, why won't you let it go through the process that has already been outlined? [SPEAKER CHANGES] Well, the way the process would work, of course, is to try to see if the stakeholders can come to an agreement. It's my understanding -- again, Rep. Hall and I've been a party to conversations with a number of folks --that the stakeholders are [CUTS OFF]

Discussing this are trying to find a resolution, those folks in your city government and in others. I'm not involved in those conversations. [CHANGE SPEAKER] May I ask another question? [CHANGE SPEAKER] I yield to one final question. [CHANGE SPEAKER] The gentleman yields to a final question. [CHANGE SPEAKER] Do you know who chairs the Durham delegation? [CHANGE SPEAKER] I don't [CHANGE SPEAKER] I do and you haven't spoken to me. [CHANGE SPEAKER] Well, I think we've spoken about it some but not as certainly as much detail as I have with Representative Hall. But anyway, members I would ask that you vote no on the motion. Just leave the bill where it is at this point. [CHANGE SPEAKER] Mister Speaker [CHANGE SPEAKER] Representative Howard, please state your purpose. [CHANGE SPEAKER] To debate the bill a final time and a motion. [CHANGE SPEAKER] The lady is recognized to debate the motion a second time. [CHANGE SPEAKER] Folks, if you look at your rule book you're going to see in your rule book and I believe the rule is 39 pointed. And the sponsor of this bill is a senator and I spoke to him less than an hour ago. There is something in the bill that they would like to see happen and that's our intent, to have the public hearing and let this issue be properly discussed and allow the people to be heard. I ask you to send it back to finance where we will have the bill heard with the public hearing on Monday and action will be taken on Wednesday. I just ask that you read your rules and let's play by the rules if we have rules. [CHANGE SPEAKER] Representative Avila, please state your purpose. [CHANGE SPEAKER] To ask a question of Representative Moore. [CHANGE SPEAKER] Representative Moore, does the gentleman yield? [CHANGE SPEAKER] Certainly [CHANGE SPEAKER] The gentleman yields. [CHANGE SPEAKER] Thank you Mister Speaker. Representative Moore, I received a number of emails with people who are not in favor of this bill and my concern is we're sitting here on Tuesday to get out notice for a public hearing on Monday at 4 o'clock, which may or may not work with a lot of people's schedules and not familiar with that a lot. Is that sufficient time to have both sides noticed enough to be able to get into the General Assembly area to be able to speak on their position for or against? [CHANGE SPEAKER] I don't know the answer to that, Representative Avila, I don't know. Representative Howard first told me about a public notice after the bill had already been removed from her committee. So I don't know but I can tell you that I've had good conversations with Senator McKissick and Representative Hall on this. If at some point folks want to have a public hearing on it, fine. That's fine. But at this point I'm just asking, I'd like a chance to talk with Senator McKissick and frankly to find out what the objections are that the finance chair has to it. I hadn't heard what those are. [CHANGE SPEAKER] Thank you [CHANGE SPEAKER] Representative Brandon, please state your purpose. [CHANGE SPEAKER] Yes sir. Representative Moore, just a quick question. [CHANGE SPEAKER] Representative Moore, does the gentleman yield? [CHANGE SPEAKER] Glad to [CHANGE SPEAKER] The gentleman yields [CHANGE SPEAKER] If the bill goes to the rules, are we going to have a public hearing on Monday in the Rules Committee? [CHANGE SPEAKER] No. I wouldn't plan on taking a public hearing up on it. Rules Committee a lot of times is a point of transit from one committee to another for whatever. And so, the point of this is to simply put it there, let it sit there and give the folks an opportunity to talk. Representative Hall can tell you, they've been very good in frank conversations and I see us as trying to facilitate folks reaching an agreement on this. [CHANGE SPEAKER] Thank you. Thank you, that's all I needed. [CHANGE SPEAKER] The question before the House is the motion is to rerefer the House committee substitute number 2 to Senate Bill 315 from rules to finance. All in favor vote aye, all opposed vote no. The clerk will open the vote. The clerk will lock the machine and record the vote. 75 having voted in the affirmative, 36 in the negative. The motion passes. Notices and announcements. Representative McNeill, please state your purpose. [CHANGE SPEAKER] Yes sir. I'd like to be recorded voting against amendment 1 to Senate Bill 246. [CHANGE SPEAKER] The gentleman will be recorded as voting no on the 1st amendment for Senate Bill 246. Representative McManus, please state your purpose.

Point of personal privilege? [SPEAKER CHANGES] The lady is recognized for point of personal privilege. [SPEAKER CHANGES] The lady is recognized for a point of personal privilege. The House will come to order. [SPEAKER CHANGES] I just wanted everyone to join me in wishing my young seat mate a Happy Birthday. Joe Sam Queen's birthday is today. [SPEAKER CHANGES] Representative ?? the Chair understands that the gentleman may want to change his vote on Senate Bill 639 is that correct? [SPEAKER CHANGES] Yes, Mr. Speaker, that is correct. [SPEAKER CHANGES] May the gentleman be recorded as having voted "aye". Representative Baskerville please state your purpose. [SPEAKER CHANGES] I'd like to be recorded as voting "no" on Senate Bill 639. [SPEAKER CHANGES] The gentleman will be recorded as voting "no" on 639. Representative Shepard, please state your purpose. [SPEAKER CHANGES] Yes sir, Mr. Speaker, a matter of personal privilege? [SPEAKER CHANGES] The gentleman is recognized for a moment for personal privilege. [SPEAKER CHANGES] Just wanted to report to everyone if you're interested that your USC Tarheels are up 10-0 in the first inning, from Omaha. [SPEAKER CHANGES] How'd that game go on Sunday? Representative Robert Brawley, please state your purpose. [SPEAKER CHANGES] You've taken care of it for me sir, I was going to ask about Sunday. [SPEAKER CHANGES] Representative Queen please state your purpose. [SPEAKER CHANGES] I would like to be down for voting no on the concurrence of 817. [SPEAKER CHANGES] The gentleman records having voted "no" on the 2nd reading concurrence vote on 817. Representative Bill Brawley please state your purpose. [SPEAKER CHANGES] No on 493. [SPEAKER CHANGES] The gentleman records voting no on 493. Representative Iller, please state your purpose. [SPEAKER CHANGES] A point of personal privilege. [SPEAKER CHANGES] The gentleman is recognized for a point of personal privilege. The House will come to order. [SPEAKER CHANGES] Thank you Mr. Speaker. 4 years ago today, a young lady and I were sworn into the House, on June 18, 2009 in mid-term, and I want to let everybody know that we've got to serve in different facets being a minority and a majority both of us, and she always represents her views very strongly on transportation and education and I want to congratulate her and thank her for serving exactly 4 years plus 10 minutes she was sworn in 10 minutes before I was. President, Rosa Gill, 4 years in the House. [SPEAKER CHANGES] Representative Starnes, please state your purpose. [SPEAKER CHANGES] For an announcement. [SPEAKER CHANGES] The gentleman is recognized for an announcement. [SPEAKER CHANGES] The republicans will caucus immediately after session in room 544. [SPEAKER CHANGES] Representative McGrady please state your purpose. [SPEAKER CHANGES] For an announcement. [SPEAKER CHANGES] The gentleman is recognized. [SPEAKER CHANGES] With the move of the cancellation of the full house judiciary committee sub-judiciary sub-committee B will now move to 10:00 rather than 12:00 that we'd originally noted. 10:00 tomorrow same place. [SPEAKER CHANGES] Representative Floyd please state your purpose. [SPEAKER CHANGES] Just to speak, I'd like to change 817 to "no". [SPEAKER CHANGES] The gentleman will be recorded as voting "no" to House Bill 817. 2nd reading. Representative Gill, please state your purpose. [SPEAKER CHANGES] Point of privilege please. [SPEAKER CHANGES] The lady is recognized for a point of personal privilege. [SPEAKER CHANGES] I was having so much fun here in the House that I forgot it was our anniversary. So I want to wish Arnold a very Happy Anniversary. [SPEAKER CHANGES] Representative Pierce, please state your purpose. [SPEAKER CHANGES] Announcement, Mr. Speaker. [SPEAKER CHANGES] The gentleman is recognized for an announcement. [SPEAKER CHANGES] Thank you Mr. Speaker. Members of the legislative black caucus will be having a meeting at 4:30 in our regular meeting room, 1425. Thank you. Thank you Mr. Speaker. [SPEAKER CHANGES] Further notices and announcements? Representative Moore, please state your purpose. [SPEAKER CHANGES] For a motion. [SPEAKER CHANGES] The gentleman is recognized for a motion. [SPEAKER CHANGES] Mr. Speaker, move that substitute rereferral bills and resolutions and receipt of committee reports, and receipt of messages from the Senate, that the House do now adjourn to reconvene on Wednesday June 19, 2013, at 2:00pm. [SPEAKER CHANGES] Representative Moore moves, seconded by Representative Johnson, and subject to rereferral bills and resolutions, receipt of committee reports, messages from the Senate, that the House now adjourn to reconvene tomorrow June the 19th at 2:00pm. All in favor say "aye". [SPEAKER CHANGES] Aye. [SPEAKER CHANGES] All opposed say "no". The ayes have it, the house stands adjourned.